Print      
US officials tried to deport con man
Haitian national accused of fraud
By Milton J. Valencia
Globe Staff

Years before a Haitian national and convicted con man allegedly drugged several men and robbed them of pricey personal belongings in 2013, federal authorities had sought the man’s deportation to his homeland based on his history of fraud convictions.

But in spite of his criminal record, federal Immigration and Customs Enforcement officers never returned Riccardo D’Orsainville to Haiti. According to court records, D’Orsainville was not deported because he is gay and could have been subjected to what his lawyer called “serious institutionalized discrimination in that country.’’

“It’s because of the situation in Haiti. So, he has been granted this relief . . . which is extraordinary, to stay in the United States,’’ a federal prosecutor, Maxim Grinberg, argued during a 2014 sentencing hearing in federal court in Boston, according to transcripts of the hearing. “He had the ability to stay and make a living, an honest living, but to him . . . it was a game,’’ Grinberg said, requesting that D’Orsainville serve 21 months in prison for one of his fraud schemes.

Each time he was released, D’Orsainville committed new crimes, prosecutors say, outraging at least two of his victims who said he should never have been free in the community.

“I feel like the system, the courts, immigration, they didn’t do their job. There was just no way this guy should have been able to stay in our country victimizing people,’’ said Frank B. Pomposelli Jr., a surgeon who was chief of the vascular surgery unit at Beth Israel Deaconess Medical Center when D’Orsainville used Pomposelli’s credit card and racked up more than $50,000 in charges. D’Orsainville was convicted of that crime in state court in 2010.

One of the men who was drugged and had his belongings stolen was also upset that D’Orsainville was allowed to stay in the country.

“If we ever could get him deported it would be the best thing that ever happened so he wouldn’t do this to anybody else in this country,’’ the man said. “He has violated the trust of our government that allowed him to stay because he was seeking relief of a persecution. Instead, he’s abusing the system itself. He doesn’t deserve protection.’’

A spokesman for ICE, citing privacy laws, would only say that his agency has dealt with D’Orsainville previously and will probably seek his deportation based on the new charges. According to court records, D’Orsainville lawfully emigrated to the country in 1980 and has been a lawful resident at least since 2014.

His lawyer in the federal case in 2014 would not comment, nor would his lawyer on the most recent state charges.

The Boston Globe reported in a series of stories in 2012 and 2013 that immigration officials have released thousands of convicted criminals — some convicted of violent crimes — back to their communities because they could not be returned to their home countries, for a variety of diplomatic and humanitarian reasons. Often, the immigrants commit new crimes.

On Monday, Suffolk District Attorney Daniel F. Conley announced that D’Orsainville, 50, has been indicted on criminal charges of kidnapping, poisoning, larceny over $250, and receiving stolen property, related to crimes against three victims. D’Orsainville has been held in lieu of $250,000 bail since his initial arrest in the case in February.

Authorities said he drugged men at their homes on three occasions in spring 2013, after meeting them on an Internet dating site, or at a bar, under a false identity. He then made off with expensive clothing, jewelry, and artwork worth tens of thousands of dollars.

Authorities said they found several of the stolen items at D’Orsainville’s Norwood home after his arrest earlier this year.

Police said they were able to identify D’Orsainville as a suspect after receiving a tip from one of the victims. The victim had been speaking with an acquaintance who said the description of the thief sounded similar to the man responsible for stealing from a Veterans Affairs program. In that case, D’Orsainville was sentenced to 21 months in prison and was released in January 2015.

D’Orsainville was also sentenced in 2001 to a year in federal prison for embezzling more than $111,000 from New England Medical Center. He was also convicted in state court in 1996 of credit card fraud.

In most cases, D’Orsainville posed as an artist, poet, and writer from a wealthy European family. Pomposelli recalled him as well-dressed, even charming. He befriended everyone at his office.

It took Pomposelli years to straighten out the fraud on his credit card. He said he worked closely with local police officers and investigators but was shocked to learn that authorities had not deported D’Orsainville.

“The guy is a career criminal, he just keeps doing it again, and again, and again,’’ he said. “I just hope the courts realize this guy can’t be put back on the streets.’’

Milton Valencia can be reached at milton.valencia@globe.com. Follow him on Twitter @MiltonValencia.